Smt. Ramsakhi Devi vs The State Of Uttar Pradesh And ...
2023 Latest Caselaw 10759 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 5807 of 2023
 

 
Petitioner :- Smt. Ramsakhi Devi
 
Respondent :- The State Of Uttar Pradesh And Another
 
Counsel for Petitioner :- Kripa Shankar Shukla,Manoj Kumar Yadava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

Heard Shri Kripa Shankar Shukla, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

Present petition has been filed seeking the following reliefs:-

"i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 30.11.2022 passed by the respondent no. 2.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to appoint the petitioner for compassionate ground under the Dying-in Harness Rules, 1974 in the interest of justice."

It is the case of the petitioner that compassionate appointment under Dying in Harness Rules, 1974 has been denied to the daughter of petitioner only on the ground that she is married daughter of the petitioner by the respondent no. 2, whereas the claim with regard to the married daughter for seeking compassionate appointment has already been settled in the case of Neha Srivastava versus State of U.P. in Special Appeal Defective No. 863 of 2015 vide order dated 23.12.2015.

Per contra, learned Standing Counsel however, opposed the prayer but showed his agreement over judgment dated 23.12.2015.

In the light of the above mentioned judgment passed by the Division Bench of this Court the claim of the petitioner seems to be justified and as such, the order dated 30.11.2022 is hereby quashed and set aside.

The responding authorities are hereby directed to consider the claim of the petitioner as fresh, if there is no other legal impediment available for providing compassionate appointment under Dying in Harness Rules, 1974.

The entire exercise shall be finalized by the responding authorities as expeditiously as possible, preferably, within a period of four months from the date of production of certified copy of this order.

The writ petition stands disposed off accordingly.

Order Date :- 11.4.2023

SY